Back / lumbar spine decisions — 2021

The Board has granted a 40 percent rating for the Veteran's low back injury with scoliosis and degenerative changes of thoracic spine from March 15, 2009 to December 17, 2019. The issue of entitlement to a rating in excess of 10 percent for hiatal hernia is remanded.

The Board denied the Veteran's claim for service connection for lumbar spine degenerative disease, finding that there was no evidence of a link between his current condition and his active duty service.

The Veteran's claims for service connection for a right knee disability, back disability, bilateral hearing loss with loss of balance, and hypertension have been denied as new and material evidence has not been received to reopen these claims.

The Board has granted service connection for the Veteran's back disability, but has remanded the issue of service connection for a right thigh/hip disability due to potential in-service hip/thigh symptoms and possible aggravation by his now service-connected back disability.

The Veteran's service-connected disabilities did not preclude him from securing or following gainful employment prior to March 31, 2015. Therefore, the effective date for TDIU is denied.

The Board has remanded several issues related to the Veteran's service connection claims, including those for lower back disability, right ankle disability, left knee osteoarthritis, status post meniscectomy of the right knee, and degenerative joint disease of the right knee. The Veteran was also referred for a TDIU claim.

The Veteran's appeals for increased ratings and TDIU have been dismissed as he has withdrawn all remaining issues associated with the appeal.

The Board has remanded the Veteran's claims for service connection and rating of his musculoskeletal disabilities due to incomplete records. The Veteran is required to provide information about any private healthcare providers who have treated him.

The Board denied service connection for low back, neck, bilateral hip, right knee, and pelvis injuries sustained during active service. The evidence did not support the Veteran's claims of in-service onset or causation.,Service connection was granted for TBI residuals, migraine headaches, right ear hearing loss, and tinnitus on a lay basis.

The Board has granted service connection for tinnitus but remanded the cases of herniated muscle in right calf and low back injury due to insufficient evidence.

For the rating period from January 14, 2008 to January 23, 2009, an increased disability rating in excess of 20 percent for the lumbosacral strain with degenerative changes (lumbar spine disability) is denied.,For the rating period from January 23, 2009 forward, an increased disability rating in excess of 40 percent for the lumbar spine disability is denied.,A higher initial disability rating in excess of 10 percent for right lower extremity radiculopathy is denied.,A higher initial disability rating in excess of 10 percent for left lower extremity radiculopathy is denied.

The Board denied the Veteran's claims for earlier effective dates for service connection and VA compensation benefits due to a lack of qualifying service prior to his discharge being changed from Under Other Than Honorable Conditions to honorable in August 2016.

The Board has remanded the claims for service connection for a lumbar spine disability and acquired psychiatric disorder (PTSD) due to insufficient medical opinions. The Veteran's current disabilities are not shown to be related to his military service.

The Board has remanded the cases due to insufficient development and need for additional opinions regarding service connection for a low back disability and liver disease.

The Board dismissed the appeal for bilateral hearing loss and granted service connection for depression and anxiety disorders, PTSD with depression and anxiety, low back disorder, neck/cervical spine disorder, left knee disorder, right knee disorder, left ankle disorder, right ankle disorder, tinnitus, and erectile dysfunction. The decision on these issues is based on their merits.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's current back disorders are related to his military service, specifically parachute jumps during active duty.

The Board has decided to remand the cases of service connection for a back disability and hypertension due to incomplete records from the Veteran's period of active duty and National Guard service.

The Board has denied the Veteran's claims for service connection for a right knee condition, left knee condition, and low back condition due to lack of evidence showing in-service injury or chronic disability.

The Veteran's claim for a higher rating for degenerative disc disease of the lumbar spine prior to August 2, 2016 is denied as his range of motion did not meet the criteria for a higher rating.,The Veteran's claim for a higher rating for degenerative arthritis of the lumbar spine from October 14, 2019 is remanded due to inadequate examination findings and further development is needed.,The Veteran's claim for an initial compensable rating for Wolff Parkinson White Syndrome remains denied.

The Veteran's service-connected disabilities, including her acquired psychiatric disorder, left knee disability, and back disability, have rendered her unable to secure or follow substantially gainful employment from April 19, 2010, to May 3, 2020. The Board has granted TDIU on an extraschedular basis for this period.